Florida Senate - 2011 SB 226 By Senator Smith 29-00302-11 2011226__ 1 A bill to be entitled 2 An act relating to human services; creating s. 3 287.0576, F.S.; providing definitions; allowing the 4 national accreditation of human service providers to 5 substitute for certain agency licensure and monitoring 6 requirements; providing exceptions; requiring a single 7 lead agency to be responsible for monitoring human 8 services delivery for designated populations; 9 requiring the lead agency to develop monitoring 10 protocols, develop a plan for coordinating monitoring 11 activities, adopt rules, provide a list of required 12 documents, and develop forms by a certain date; 13 providing that background screening conducted for one 14 agency satisfies the screening requirements of other 15 agencies; requiring the agency to accept all mandated 16 reports and invoices electronically and to allow all 17 core documents to be posted in secure electronic 18 storage; requiring agencies to provide an analysis of 19 every new governmental mandate to an affected 20 contractor before the mandate may be required or 21 imposed; requiring a contracting agency to negotiate a 22 contract amendment for any material change to a 23 contract that will have a financial impact on a 24 contractor; requiring human service contracts to 25 include a cost-of-living adjustment or allow the 26 contractor to reduce services; providing an exception 27 under certain circumstances; requiring a contract to 28 ensure payment for undisputed issues, not allow a 29 private entity performing contract monitoring to 30 impose additional requirements, and allow unexpended 31 funds to be carried forward; providing that failure by 32 an agency to negotiate a contract amendment or provide 33 a remedy to a material adverse impact of a new 34 governmental mandate constitutes an agency action for 35 the purposes of ch. 120, F.S.; requiring each agency 36 to compile a list of contractor requirements and 37 submit such list to the Governor; amending s. 216.136, 38 F.S.; requiring the Social Services Estimating 39 Conference to determine mental health, substance 40 abuse, child welfare, and juvenile justice services 41 needs; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Section 287.0576, Florida Statutes, is created 46 to read: 47 287.0576 Outsourced human services.— 48 (1) As used in this section, the term: 49 (a) “Financial impact” means an increase in reasonable 50 costs of 5 percent or more in the annual aggregate payment to a 51 contractor performing a contract for outsourced human services. 52 (b) “Human services” means services related to mental 53 health, substance abuse, child welfare, or juvenile justice. 54 (c) “New governmental mandate” means a statutory 55 requirement, administrative rule, regulation, assessment, 56 executive order, judicial order, or other governmental 57 requirement, or an agency policy, that was not in effect when a 58 contract for the outsourcing of human services was originally 59 entered into and that directly imposes an obligation on the 60 contractor to take, or to refrain from taking, an action in 61 order to fulfill its contractual obligation. 62 (2) Notwithstanding any other provision of law, in order to 63 create a more stable business environment for contractors 64 providing outsourced human services and to ensure 65 accountability, eliminate duplication, and improve efficiency 66 with respect to the provision of such services, national 67 accreditation of human services providers by the Joint 68 Commission on Accreditation of Healthcare Organizations, the 69 Commission on Accreditation of Rehabilitation Facilities, and 70 the Council on Accreditation shall be accepted by an agency in 71 lieu of the agency’s facility licensure onsite review and 72 administrative requirements, and as a substitute for the 73 agency’s licensure, administrative, and program monitoring 74 requirements. Accreditation for administrative requirements 75 satisfies the administrative requirements for licensure during 76 the time period that the accreditation is effective. 77 Notwithstanding a survey or inspection by an accreditation 78 organization, the agency may continue to inspect and monitor the 79 contractor as necessary with respect to: 80 (a) Reimbursement matters for any contract. 81 (b) Complaint investigations, suspected problems, or the 82 implementation of the terms of consent decrees or other orders. 83 (c) Ensuring compliance with federal or state laws and 84 rules that are not covered by the accreditation. 85 (3) To facilitate service delivery and compliance with the 86 provisions of this part, a single agency shall take the lead 87 with respect to developing policies and monitoring requirements 88 for specified human services. The agency that has been 89 designated by the Federal Government or state law as the 90 authorized state entity with respect to a defined human service 91 population shall be the lead agency for the provision of all 92 related human services. 93 (a) By October 1, 2011, each lead agency shall: 94 1. Develop a common monitoring protocol to be used by all 95 agencies serving the same population; 96 2. Develop and implement a plan that coordinates monitoring 97 activities related to the delivery of services to the 98 populations being served by multiple agencies. Monitoring by 99 multiple agencies shall be combined so that interruptions to the 100 contractor and to the services provided are minimized; 101 3. Adopt rules that guide the delivery of services across 102 the jurisdictions of multiple agencies serving the same 103 population and coordinate all monitoring activities; 104 4. Provide a master list of core documents required for 105 contract monitoring purposes and provide for the submission or 106 posting of such documentation by each contractor; and 107 5. If the same information or documentation is required by 108 more than one agency, develop a common form to be used by all 109 agencies requesting that information or documentation. 110 (b) Level 2 background screening conducted for one lead 111 agency shall satisfy the screening requirements for all agencies 112 requiring such screening. 113 (4) The department or agency must accept all mandated 114 reports and invoices from human services contractors 115 electronically, and allow all core documents required under 116 subparagraph (3)(a)4. to be posted in secure electronic storage. 117 The department shall recognize electronic document vaults 118 established for the purpose of storing, delivering, and 119 retrieving documents required in monitoring and regulatory 120 review processes. To the greatest extent possible, the 121 department shall promote the development, implementation, and 122 maintenance of such vaults by service providers or provider 123 trade associations. If a contractor uses such storage, the 124 department or agency must have access to the electronic storage 125 in order to monitor required documents, and shall by rule or 126 contract require the contractor to deposit documents requested 127 by the agency in such storage. 128 (5) Agencies shall provide to the contractor an analysis of 129 every new governmental mandate affecting the human services 130 contractor. The analysis must identify the estimated cost of the 131 mandate to the contractor and must be transmitted to the 132 contractor before the mandate may be required or imposed. 133 (6) Contracts to outsource human services must: 134 (a) Provide that if a material change to the scope of the 135 contract is imposed upon a contractor and compliance with such 136 change will have a financial impact on the contractor, the 137 contracting agency shall negotiate a contract amendment to 138 increase the maximum obligation amount or unit price of the 139 contract to offset the financial impact of the change if the 140 contractor furnishes evidence of such impact along with a 141 request to renegotiate the contract based on the proposed change 142 to the agency. The contractor may not be held to requirements or 143 obligations that are not required by law or are not included in 144 the original contract or by negotiated amendment to the 145 contract. The agency may issue emergency requirements to ensure 146 the continued safety of the population served by the contractor 147 for up to 90 days, during which the agency shall negotiate 148 contract changes as described in this paragraph. 149 (b) Provide, subject to appropriations, an annual cost-of 150 living adjustment that reflects increases in the consumer price 151 index. In the absence of a cost-of-living adjustment, the 152 contract must allow the contractor to reduce the number of 153 services or units contracted for, or require the agency to 154 provide documentation substantiating the reasons a reduction is 155 not possible. 156 (c) Ensure that: 157 1. Payment will be made on all items not under dispute and 158 that payment will not be withheld on undisputed issues pending 159 the resolution of disputed issues. 160 2. If the agency engages a private entity to conduct 161 contract monitoring or otherwise delegates any contract 162 administration functions to an outside entity, such entity shall 163 uniformly administer the contract and not impose any 164 requirements that exceed law, rule, or the contract terms. 165 3. Notwithstanding s. 216.301, any dispersed funds that 166 remain unexpended during the contract term are approved as 167 authorized revenue and carry over into the next year for the 168 purposes of cash flow and continuation of the contract. 169 (7) Any material change to a human services contract 170 imposed pursuant to paragraph (6)(a) constitutes an agency 171 action pursuant to chapter 120. Any contractor aggrieved by the 172 refusal or failure of an agency to negotiate a contract 173 amendment to provide a remedy for the fiscal impact of a 174 material change to the scope of the contract may seek a remedy 175 pursuant to chapter 120. 176 (8) Each agency shall annually compile and list all 177 contract requirements, mandated reports, outcome measures, and 178 other requirements imposed on its human services contractors. 179 The list must provide a law, rule, contract, or policy citation 180 for each requirement. The list shall be submitted to the 181 Governor. 182 Section 2. Paragraph (a) of subsection (6) of section 183 216.136, Florida Statutes, is amended to read: 184 216.136 Consensus estimating conferences; duties and 185 principals.— 186 (6) SOCIAL SERVICES ESTIMATING CONFERENCE.— 187 (a) The Social Services Estimating Conference shall develop 188 such official information relating to the social services system 189 of the state, including forecasts of social services caseloads, 190 utilization, and expenditures, as the conference determines is 191 needed for the state planning and budgeting system. Such 192 official information shall include, but not be limited to, cash 193 assistance and Medicaid caseloads, as well as mental health, 194 substance abuse, child welfare, and juvenile justice services 195 needs given current and estimated population growth and economic 196 trends. 197 Section 3. This act shall take effect July 1, 2011.